Battiest-Ray v. Asture et al

Filing 7

ORDER Accepting 6 Report and Recommendation. IT IS FURTHER ORDERED that 4 Plaintiff's Application to Proceed in forma pauperis is DENIED. This action is DISMISSED. Clerk of Court is ordered to close the case. Signed by Judge Miranda M. Du on 2/26/13. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BRIGETTE BATTIEST-RAY,
Plaintiff,

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Case No. 2:12-cv-01676-MMD-CWH
ORDER ADOPTING REPORT AND
RECOMMENDATION (dkt. no. 6)

v.

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MICHAEL J. ASTRUE, COMMISSIONER
OF SOCIAL SECURITY
ADMINISTRATION,

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Defendant.
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Before the Court for consideration is the Report and Recommendation of the

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Honorable C.W. Hoffman, Jr., United States Magistrate Judge, entered January 9, 2013.

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(Dkt. no. 6.) In a previous Report and Recommendation (dkt. no. 2), the Magistrate

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Judge denied Plaintiff’s request to proceed in forma pauperis, determining that based on

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her reported yearly income and other assets, Plaintiff had sufficient assets to pay the

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$350.00 filing fee required to commence a civil action in this Court. The Court adopted

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the Report and Recommendation. (Dkt. no. 3.) Plaintiff was given thirty (30) days to pay

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the $350.00 filing fee, but failed to do so. Instead, she submitted a second application to

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proceed in forma pauperis. (Dkt. no. 4.) The Magistrate found no evidence to warrant

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reconsideration of the denial of Plaintiff’s previous application. (Dkt. no. 6.) No objections

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have been filed.

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The Court has conducted a de novo review of the record in this case in

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accordance with 28 U.S.C. § 636(b)(1) and determines that Magistrate Judge Hoffman’s

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Report and Recommendation (dkt. no. 6) should be ACCEPTED.

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IT IS THEREFORE ORDERED Plaintiff’s Application to Proceed in Forma

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Pauperis (dkt. no. 4) is DENIED. This action is dismissed. The Clerk of the Court is

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HEREBY ORDERED to close the case.

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ENTERED this 26th day of February 2013.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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